1 2025:CGHC:39501 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5037 of 2025 Surtha Das S/o Bhoicharan Aged About 57 Years R/o Plot No. 720/724, Unit-09, Flat Bayababa Mathlen, Bhuneshwar, Police Station Shahid Nagar (Odisha) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Pulgaon, Outpost- Jevra-Sirsa, District Durg (C.G.) ... Non-Applicant For Applicant : Mr. Sundar Lal Sahu, Advocate. For Non-Applicant/State : Dr. Saurabh K. Pande, Deputy Advocate General. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07.08.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.221/2017, registered at Police Station – Pulgaon, Outpost- Jevra-Sirsa, District - Durg (C.G.) for the offence punishable under Sections 420, 409 of Indian Penal code and Sections 3, 4, 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 and Section 10 of the Protection of Interest of Investors Act, 2005. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.08 20:33:32 +0530 2 2 As per the prosecution story, in brief, is that the complainant, Rukhmani Bai Sahu, lodged a report at the Jevra-Sirsa Outpost stating that her husband, Dujeram Sahu, had deposited ₹9,70,000 in Micro Finance Public Limited Company, located at Prithviraj Towers, Bhilai, District Durg, under various investment schemes. The company regularly paid monthly interest to its investors. After her husband's death, the complainant discovered that the company had shut down its office in November 2014, leaving her in financial distress. Consequently, an offence was registered against the company’s directors. During the investigation, the memorandum statements of the applicants revealed that the company's head office was situated at Rasulgarh, Bhubaneswar (Odisha), and its directors included Durga Prasad Mishra, Ashok Kumar Patnaik, Baikunth Nath Patnaik, and Bijoy Kumar Rautre. After the death of Bijoy Kumar Rautre, the applicant was appointed as a director by Managing Director Durga Prasad Mishra on 25.11.2013, with a salary of ₹5,000 per month. The company ceased operations in 2014. The CBI, following directions from the Hon’ble Supreme Court, registered a case (Crime No. RC46/S/2014-SCB/KOL) and filed a charge sheet against several directors, including Durga Prasad Mishra, Ashok Kumar Patnaik, Baikunth Nath Patnaik, Upendra Nath Mishra, Kalinath Mishra, and associated companies—Micro Finance Limited, Micro Leasing and Funding Ltd., Micro Hospital Pvt. Ltd., Micro Hostel Pvt. Ltd., Micro Construction Pvt. Ltd., and Micro Media & Investment Ltd. Importantly, the applicant’s name does not appear in the CBI charge sheet. In the present case, all the original directors remain absconding, and no arrests have been made by the local police. As a result, no charge sheet has been filed by the local prosecution. 3 It is argued by the learned counsel for the applicant that the applicant is 3 innocent and has been falsely implicated in the present case. He further submits that the applicant has no involvement in the entire case. He also submits that the applicant is in jail since 08.05.2025 and the charge-sheet has been submitted and further the trial is in progress as the evidence has been recorded and the trial is likely to take considerable time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State Counsel opposes the bail application and submits that a charge sheet has already been filed in the case. He further submits that the present case was registered against the applicant and other co-accused on 18.05.2017 under Sections 420 and 409 of the Indian Penal Code, Section 3, 4, and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, and Section 10 of the Chhattisgarh Protection of Depositors' Interests Act, 2005. It is submitted that the charge sheet was filed against the applicant as an absconder, and he was subsequently arrested on 08.05.2025 after remaining absconding for almost 8 years. Considering this long period of evasion, there is every likelihood that if released on bail, the applicant may again abscond, thereby hampering the trial. The State Counsel further submits that the applicant is a resident of Odisha and has three other criminal antecedents of a similar nature registered against him in Odisha in the years 2018 and 2021. Therefore, in view of the gravity of the offence, the applicant’s conduct, and the likelihood of him absconding again, the present bail application is liable to be rejected. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the present case was registered against the applicant and other co-accused 4 on 18.05.2017 under Sections 420 and 409 of the Indian Penal Code, Section 3, 4, and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, and Section 10 of the Chhattisgarh Protection of Depositors' Interests Act, 2005, further the charge sheet was submitted against the applicant as an absconder, and he was subsequently arrested on 08.05.2025 after remaining absconding for almost 8 years, considering this long period of evasion, there is every likelihood that if released on bail, the applicant may again abscond, thereby hampering the trial, also considering the fact that the applicant is a resident of Odisha and has three other criminal antecedents of a similar nature registered against him in Odisha in the years 2018 and 2021, therefore, in view of the gravity of the offence, the applicant’s conduct, and the likelihood of him absconding again, the present bail application is liable to be rejected, in view of the same, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7 Accordingly, the bail application of the applicant - Surtha Das involved in Crime No.221/2017, registered at Police Station – Pulgaon, Outpost- Jevra-Sirsa, District - Durg (C.G.) for the offence punishable under Sections 420, 409 of Indian Penal code and Sections 3, 4, 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 and Section 10 of the Protection of Interest of Investors Act, 2005, is rejected at this stage. 8 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9 Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti